![]() The Judicial Conference Committee’s advisory opinion states: “f the judge is using the media to support a particular establishment known to be frequented by lawyers near the courthouse, and the judge identifies him/herself as a supporter, the judge has used the office to aid that establishment’s success.” Is this a reasonable standard? Can a judge like, review, or follow a business online without improperly using the prestige of his office? Indeed, social media is a primary marketing vehicle and a tool for businesses to interact with customers. (The articles appear in the Spring and Summer 2017 editions, available at .) Social media is rife with conversations about products, restaurants, and businesses. Just this year, she published two informative articles about social media and judicial ethics in the quarterly Judicial Conduct Reporter. Cynthia Gray, the director of the Center, is a wonderful resource. The Center for Judicial Ethics of the National Center for State Courts is a useful clearinghouse for judicial ethics and discipline. I frequently consult ethics opinions from other jurisdictions. Because judges in Massachusetts do not need to raise money and campaign, we impose limits on judicial behavior that are sometimes more restrictive than those imposed where judges face the voters.Īlthough a national standard may not be workable, jurisdictions learn from one another. All judges in Massachusetts are appointed until age 70 judges never face the voters nor participate in any other sort of reappointment process. In my opinion, a national standard may be unworkable so long as some state judges are appointed while others are elected. A unified national standard obviously would resolve the differences, but failing that, I suspect our governing ethics bodies will come over time to understand social media better and to reach more consistent conclusions about how judges can and should interact on social media platforms.īERENSON: I serve as counsel to the Massachusetts Committee on Judicial Ethics, and my answers to the questions asked are largely based on advice we have given to Massachusetts judges. But judicial colleagues in many other states are not so lucky and are left to apply general principles and reconcile differing interpretations by different ethical bodies. I am fortunate that the Judicial Ethics Commission in my state, Maryland, has issued a published opinion on the use of social media to guide me and my colleagues. NAZARIAN: We each serve in only one state, or in one federal judiciary, and are subject to only one particular set of ethical rules and rulings. Is this confusing to judges? Should a national standard or recommendation be developed? How would a more unified standard help or harm the profession? State bar ethics commissions offer varying guidelines on how judges may or may not engage on social media. Both offered their candid opinions on the subject, informed by their experiences. Douglas Nazarian, a frequent social media user and a judge on the Maryland Court of Special Appeals, and Barbara Berenson, counsel to the Massachusetts Committee on Judicial Ethics, respond here to questions about whether and how judges might ethically use social media. 112 in April 2017, providing guidance - but no hard and fast rules - that generally discourages federal judges from social media engagement. By contrast, the Judicial Conference Committee on Code of Conduct issued advisory opinion No. That guidance varies widely, but some recent opinions have indicated a less cautious view of social media. Many state bar ethics committees have offered guidance on social media use. Others say social media is just another form of social interaction easily governed by other rules and canons - and that social media may even offer a new way for the judiciary to constructively engage with and educate the public. Some argue that judges should avoid social media altogether. ![]() But the use of these applications presents unique challenges for judges, who are not only judicial officers but also parents, community members, churchgoers, and media consumers. Social media applications have become ubiquitous in modern communication.
0 Comments
Leave a Reply. |